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Parliamentary
Roundup Bulletin No. 34 - 2011
Southern African Parliamentary Support Trust
October 14, 2011
Introduction
On Tuesday 11
October 2011, the House
of Assembly ratified 3 Bilateral Investment Promotion and Protection
Agreements (BIPPAs). The Senate rejected a motion by Hon. Innocent
Gonese to restore his Amendment
Bill on POSA to
the Order Paper. On Thursday, the House of Assembly broke its own
record as it sat for barely 14 minutes before it adjourned without
any substantive business transacted save for a notice of motion
by the Minister of Science and Technology, Hon. Professor Heneri
Dzinotyiwei, for the ratification of the Convention on the International
Centre for Genetic Engineering and Biotechnology.
House
of Assembly Plenary Proceedings:
Ratification
of BIPPAs
The House ratified
three BIPPAs signed between the Government of Zimbabwe and the Governments
of Botswana, Iran and India, respectively. Subsection (1) of Section
111B of the Constitution
of Zimbabwe provides that “any convention, treaty or agreement
acceded to, concluded or executed by or under the authority of the
President with one or more foreign states or governments or international
organizations shall be subject to approval by Parliament”.
The Bilateral
Investment Promotion and Protection Agreement between the Government
of the Republic of Zimbabwe and the Government of the Republic of
Botswana was signed on the 21st March 2011.
The Bilateral
Investment Promotion and Protection Agreement between the Government
of the Republic of Zimbabwe and the Government of the Republic of
India was signed on the 10th February 1999; The Bilateral Investment
Promotion and Protection Agreement between the Government of the
Republic of Zimbabwe and the Government of the Islamic Republic
of Iran was signed on the 9th day of May 1999.
Question
and Answer Session
Resuscitation
of Shabanie Mashava Mines
The Deputy Minister
of Mines and Mining Development, Hon. Gift Chimanikire, informed
the House that his ministry received a directive from President
Mugabe to take over the resuscitation of the Shabanie Mashava Mines
(SMM). He said, his ministry, through the Zimbabwe Mining Development
Corporation (ZMDC) was in the process of auditing SMM before full
operations could be started. He also informed the House that SMM
workers would be paid part of their 2-year outstanding salaries
in due course. The Deputy Minister also indicated that government
would negotiate with SMM employees to have part of their outstanding
salaries converted into shares as part of the indigenization programme.
He was responding to a question by Hon. Tachiona Mharadza (MDC-T
Masvingo West).
MPs’
Outstanding Sitting Allowances
MPs took the
Minister of Constitutional and Parliamentary Affairs, Hon. Eric
Matinenga, to task during question time regarding their outstanding
sitting allowances. MPs have not been paid their sitting allowances
since the beginning of the 7th Parliament in 2008. Hon. Matinenga
said allowances for MPs were regulated by the Parliamentary Members
Allowances and Privileges Act. This Act empowered the President
to determine the level of MPs’ allowances. He informed Members
that Parliament and the Executive reached a decision that MPs’
allowances be pegged at $75 per sitting. The Minister assured Members
that Parliament was working flat out to determine how much each
Member was owed. He promised Members that their allowances would
be paid in due course.
Pollution
of River Systems in Chiadzwa
Hon. Sibonile
Nyamudedza (MDC-T Chipinge West) asked the Minister of Environment
and Natural Resources Management what government was doing regarding
diamond mining
companies in Chiadzwa which were polluting Save and Odzi rivers.
In his response, Hon. Francis Nhema said that all mining companies
were required by law to submit Environmental Impact Assessment Report
before they could be granted licences to operate. He said it had
come to the attention of his ministry that some mining companies
in Chiadzwa were in breach of environmental laws and his ministry
had since approached those companies to ensure that they adhered
to environmental laws.
Progress
on Millennium Development Goal 2 (MDG 2)
Hon. Thamsanqa
Mahlangu (MDC-T Nkulumane) asked the Minister of Education, Arts,
Sport and Culture to update the House on the progress regarding
the implementation of the MDG 2. The Deputy Minister of Education,
Arts, Sport and Culture, Hon. Lazarus Dokora informed the House
that Zimbabwe was well on course in achieving MDG 2, which relates
to universal provision of primary education by year 2015. He said
government was confident in achieving this goal given the policies
its has enacted over the years in support of that goal.
Diamond
Legislative Framework
Hon. Shepherd
Mushonga asked the Minister of Mines and Mining Development why
Zimbabwe did not have relevant diamond legislation. The Deputy Minister
of Mines and Mining Development, Hon. Chimanikire said it was not
true that Zimbabwe did not have relevant diamond legislation. He
said diamond-mining law was enshrined in the Mines and Minerals
Act {Chapter 5}, Precious Stones Trade Act and the Minerals Marketing
Corporation of Zimbabwe. He further said that most diamond producing
countries e.g. Botswana, Ghana etc had a similar legislative model.
However he informed the House that Namibia was one example of countries
that have stand-alone diamond legislation. Hon. Chimanikire said
his ministry was taking the stand-alone legislation route and to
that end a draft Diamonds Bill had already been submitted to the
Attorney General’s Office. He assured Members that the Bill
would be introduced in Parliament before the end of the year.
Regarding companies
currently operating in Chiadzwa, Hon. Chimanikire mentioned three
companies, namely; Mbada Diamonds, Marange Resources (formerly Canadile)
and Anjin Investments. He said Marange Resources was now wholly
owned by government, through ZMDC. In terms of production, he said
Mbada Diamonds was producing 164 489.18 carats, Marange Resources
104 713.01 carats and Anjin Investments 234 749.92 carats on average
per month. He further revealed that Anjin Investments had stock-piled
2.5 to 3 million carats as it was still to be given a green light
to sell its diamonds by KPCS.
Progress
on Mtshabezi Dam Project
Hon. Dorcas
Sibanda asked the Minister of Water Resources Development and Management,
Hon. Samuel sipepa Nkomo, when Bulawayo would start drawing water
from the Mtshabezi Dam so as to alleviate water shortages in the
city. In his prepared response, which was read on his behalf by
the Minister of National Housing and Social Amentities, Hon. Sipepa
Nkomo said the Mtshabezi Dam Project was 72% complete. He said the
electrification of the pumping station would delay the actual pumping
of water to the city of Bulawayo as ZESA indicated that a figure
of $2.1 million would be required. The State Procurement Board instructed
the ministry to float an open tender for the electrification works.
The Minister estimated that this process would take about six months.
Progress
on the Millennium Development Goal 7 (MDG 7)
Hon. Thamsanqa
Mahlangu (MDC-T Nkulumane) asked the Minister of Environment and
Natural Resources Management, Hon. Francis Nhema, to update the
House on the progress regarding the implementation of the MDG 7,
which relates to environmental sustainability by 2015. The Minister
informed the House that his ministry was facing a huge challenge
in achieving MDG 7 especially as it relates to effective and timely
implementation of environmental policies and legislation. He said
his ministry did not have adequate financial and human resources
and this has had adverse impact on the ministry’s efforts
towards achieving MDG 7. He cited the fact that the Environmental
Management Agency was not funded from the fiscus yet it was supposed
to play a critical role in achieving environmental sustainability.
Minister Nhema also cited high poverty levels in the country as
working against the achievement of the MDG 7 by 2015.
Delegation Report on the Pan African Parliament Permanent
Committee on Trade, Customs and Immigration Workshop
Hon. William
Mutomba (ZANU PF Buhera North) presented a Delegation Report on
the Pan African Parliament Permanent Committee on Trade, Customs
and Immigration Workshop he attended in Botswana recently.
He said the
workshop wanted to understand the realities and challenges that
result from minimalistic involvement of Parliamentarians and to
stimulate a discussion on how best the committee can play a more
definitive role in the areas of Trade, Customs and Immigration matters.
The specific objectives of the workshop were;
- To take
stock of realities faced by regional blocks as a result of minimalistic
involvement of Parliaments.
- To offer
a platform for regional blocks to share best practice in overcoming
the challenge of minimalistic involvement of Parliamentarians.
- To agree
on the priority issues that can enhance the role and effective
engagement of the Committee on Trade, Customs and Immigration
matters in regional integration.
- To craft
mechanisms that foster an enhanced role and effective engagement
of Parliamentarians on matters of Trade Customs and Immigration.
The workshop
resolved the following measures;
- Members of
Parliament must position regional integration within their broad
responsibilities of law making, representation and oversight by
encouraging their governments and the AU to expedite efforts in
promoting regional integration.
- Research
must be carried out to inform the Committee on the action to mobilize
for a research on Africa's resources and how they can be strategically
presented as an investment opportunity for Africa.
- Members should
draw a programme of action to distill best practice from the various
regional blocks in order to promote evidence-based decision-making.
The plan of action should include strategies for mobilizing resources
for the Pan African Parliament.
- Capacity
building initiatives should enable the Parliamentarians to effectively
deliver on their roles at the national, regional and the Pan African
Parliament.
- The capacity
of regional groupings should be enhanced so that negotiations
are done for the benefit of the continent.
- Strong and
emerging economies within the region should form strong strategic
alliance in the process of regional integration.
- Parliamentarians
to engage their national Parliaments in the development of common
regional policies, industrial staffing and agriculture within
the regional blocks.
Motion
on the Indigenisation and Empowerment (General) Regulations Statutory
Instrument No. 21 of 2010
Hon. Alexio
Musundire (MDC-T Zengeza East) seconded by Hon. Harrison Mudzuri
(MDC-T Zaka Central) moved a motion in the House of Assembly calling
for the repeal of the Indigenisation
and Empowerment (General) Regulations Statutory Instrument No. 21
of 2010, which they said was impacting negatively on economic
revival efforts, especially efforts aimed at encouraging Foreign
Direct Investment (FDI).
Hon. Musundire
pointed out that he was not against the indigenization and empowerment
policy per se but the manner the current regulations were being
implemented. He said the indigenization regulations were implemented
without cabinet approval.
He argued that
the indigenization policy as enshrined in Statutory Instrument 21
of 2010 was counterproductive as it was in direct conflict with
other economic development policies such the Short-Term
Emergency Recovery Programme (STERP), the Medium
Term Plan (MTP) and the general investment promotion drive.
Thus, Hon. Musundire
called for a “broad-based economic empowerment programme”
which favours economic growth as opposed to just distributing existing
assets.
Notice
of Motion to Introduce a Private Member’s Bill
Hon. Tangwara
Matimba (MDC-T Buhera Central) gave notice seeking leave of the
House to bring in a Bill to amend the Urban
Councils Act [Chapter 29:15] by reducing the powers of central
government over municipal and town councils, thereby encouraging
democracy at local levels. He said the Bill would also correct anomalies
arising from previous amendments made to the Act. The motion will
be debated when parliament resumes its sitting on Tuesday 25 October
2011.
Senate
Plenary Proceedings
On Tuesday the
senate engaged in a heated debate on Hon. Gonese’s motion
which sought to restore his Amendment Bill on POSA to the Order
Paper, which had lapsed due to prorogation of the 3rd Session. Despite
the fact that it was not a substantive motion but a mere procedural
motion, ZANU PF Senators strongly opposed the motion. The motion
was meant to bring back the Bill onto the Order Paper to enable
Senators to debate it so that they could pass or reject it. The
debate took a very partisan approach. MDC Senators supported the
motion arguing that it was proper to have the motion on the Order
Paper which would allow Members to engage on a substantive debate
on the Bill. However, ZANU PF Members said it was inappropriate
to restore the Bill to the Order Paper since the Minister of Justice
and Legal Affairs, Hon. Patrick Chinamasa, informed the Senate when
the Bill was first brought before the Senate in the 3rd Session
that the matter was before the Global
Political Agreement (GPA) negotiators.
Since Hon. Chinamasa
was not in the House on Tuesday when the motion was debated, Hon.
Gonese moved for the adjournment of debate until such a time Hon.
Chinamasa was in the House so that he could update the Senate on
the progress regarding negotiations on the matter.
Adjournment
of Parliament
Both Houses
adjourned until Tuesday 25 October 2011 in order to give time to
the Budget and Justice Committees to conduct public hearings on
the 2012 National Budget and the Electoral
Amendment Bill, respectively. Dates and venues for the aforementioned
public hearings were highlighted in our previous Parliamentary Roundup
Bulletin.
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